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TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS HARDWARE, COMPONENTS AND SOFTWARE PROVIDED
BY, THROUGHOR UNDER KVMSWITCH TECH,INC (COLLECTIVELY, THE“PRODUCT”). By using installingor using the Product,you unconditionally signify your
agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Product and return the Product to KVM SWITCH TECH,
Inc. at the return address set forth on the Product’s packing label at your expense. KVM SWITCH TECH, Inc. may modify these Terms and Conditions at anytime,
without notice to you.
RESTRICTIONS ON USE OF THE PRODUCT
It is your responsibility to read and understand the installation and operation instructions, both verbal and in writing, provided to you with respect to the Product. You
are authorized to use the Product solely in connection with such instructions. Any use of the Product not in accordance with such instructions shall void any warranty
pertaining to the Product. Any and all damages that may occur in the use of the Product that is not strictly in accordance with such instructions shall be borne by you
and you agree to indemnify and hold harmless KVM SWITCH TECH, Inc. from and against any such damage.
The Product is protected by certain intellectual property rights owned by or licensed to KVM SWITCH TECH. Any intellectual property rights pertaining to the Product
are licensed to you by KVM SWITCH TECH, Inc. and/or its affiliates, including any manufacturers or distributors of the Product (collectively, “KVM SWITCH TECH”) for
your personal use only, provided that you do not change or delete any proprietary notices that may be provided with respect to the Product.
TheProduct issold to youand anyuse ofany associatedintellectual property isdeemed tobe licensedto you byKVM SWITCHTECH foryour personaluse only. KVM
SWITCHTECHdoesnottransfer eitherthetitleorthe intellectualpropertyrightsto theProductandKVM SWITCHTECHretainsfulland completetitletothe intellectual
property rights therein.All trademarks and logos are owned by KVM SWITCHTECH or its licensors and providers of the Product, and you may not copy or use them in
any manner without the prior written consent of KVM SWITCH TECH, which consent may be withheld at the sole discretion of KVM SWITCH TECH.
The functionality and usability of the Product is controlled by KVM SWITCH TECH, Inc. from its offices within the State of Texas, United States of America. KVM
SWITCH TECH makes no representation that materials pertaining to the Product are appropriate or available for use in other locations other than the shipping address
you provided with respect thereto. You are advised that the Product may be subject to U.S. export controls.
Disclaimers and Limitation of Liability
KVM SWITCH TECH may change or modify the Product at any time, from time to time.
THEPRODUCTISPROVIDED“ASIS”ANDWITHOUTWARRANTIESOFANYKINDEITHEREXPRESS ORIMPLIED. KVMSWITCHTECHDOESNOTWARRANT
OR MAKEANYREPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OFTHE PRODUCT’S CORRECTNESS,ACCURACY, RELIABILITY,
OR OTHERWISE.
KVM SWITCH TECH has no duty or policy to update any information or statements pertaining to the Product and, therefore, such information or statements should not
be relied upon as being current as of the date you use the Product. Moreover, any portion of the materials pertaining to the Product may include technical inaccuracies
or typographical errors. Changes may be made from time to time without notice with respect to the Product.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KVM SWITCH TECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUTNOTLIMITEDTOIMPLIED WARRANTIES OFMERCHANTABILITY, FITNESSFORAPARTICULAR PURPOSEAND NON-INFRINGEMENT. KVM
SWITCHTECHDOESNOTWARRANTTHEACCURACY, COMPLETENESSOR USEFULNESSOFANYINFORMATIONWITH RESPECTTOTHEPRODUCT.KVM
SWITCH TECH DOES NOT WARRANT THAT THE FUNCTIONS PERTAINING TO THE PRODUCT WILLBE ERROR-FREE, THAT DEFECTS WITH RESPECTTO
THE PRODUCT WILL BE CORRECTED, OR THAT THE MATERIALS PERTAINING THERETOARE FREE OF DEFECTS OR OTHER HARMFUL COMPONENTS.
KVM SWITCH TECH WILL USE ITS REASONABLE EFFORTS TO CORRECTANY DEFECTS IN THE PRODUCT UPON TIMELY WRITTEN NOTICE FROM YOU
NOT TO EXCEED 10 BUSINESS DAYSAFTER RECEIPT BY YOU OF THE PRODUCT, BUT YOU (AND NOT KVM SWITCH TECH)ASSUME THE ENTIRE COST
OFALLNECESSARY SERVICING, REPAIR AND CORRECTIONTHAT WAS CAUSED BY YOU UNLESS OTHERWISEAGREEDTO INASEPARATE WRITING BY
KVM SWITCH TECH.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KVM SWITCH TECH BE LIABLE FOR ANY SPECIAL OR
CONSEQUENTIALDAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITYTO USE THE PRODUCT INACCORDANCE WITH ITS SPECIFICATIONS,
EVEN IF KVM SWITCH TECH OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KVM
SWITCH TECH’STOTAL LIABILITYTO YOU FROMALLDAMAGES, LOSSES,AND CAUSES OFACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED
THEAMOUNTYOU PAID TO KVM SWITCH TECH, IFANY, FOR THE PRODUCT.
